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COURT OF APPEAL PUTRAJAYA
SEMENDA SDN BHD & ANOR – Appellant
Versus
CD ANUGERAH SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. outline of sale agreement details (Para 3 , 4 , 5 , 6) |
| 2. importance and implications of the undertaking letter (Para 7 , 8 , 9 , 10 , 11) |
| 3. clarification of obligations and conditions of undertakings (Para 12 , 13 , 14 , 15 , 16) |
| 4. court’s ruling on obligations based on letters exchanged (Para 18 , 19 , 22 , 23 , 24) |
| 5. significance of solicitors' undertakings in legal practice (Para 37 , 39 , 46) |
[1] This is the judgment of the court.
Preamble
[2] At all material times in the land transaction relevant to this case, the 1st appellant was represented by the 2nd appellant, Messrs Saprudin & Co. whereas CD Anugerah Sdn. Bhd. was represented by Messrs Abu Talib Shahrom & Zahari. It should also be noted here that a default judgment had been obtained by the appellants against CD Anugerah Sdn. Bhd.
Brief Facts
[3] By virtue of a Power of Attorney granted by the 1st appellant to Dandarawi Sdn Bhd (81234-K), a company incorporated in Malaysia and having its place of Business at No. 63, 1st Floor, Jalan Tuanku Antah, 70100 Seremban, Negeri Sembilan Darul Khusus ('Attorney'), the Attorney entered into a Sale & Purchase Agreement dated 28 May 1997 ('the Agreem
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